Agenda and minutes

Councillor Miscandlon reflected on the sad news that since the last meeting of Overview & Scrutiny Committee, one sitting councillor, Cllr Alan Bristow, and one former councillor, Cllr Kit Owen had both passed away. A minute’s silence was held as a mark of respect. 

Councillor Miscandlon then welcomed members of the public and press watching the livestream of the Cabinet meeting via YouTube due to Government guidance on social distancing. The meeting was held in accordance with the provision set out in the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and with Fenland District Council’s Virtual Meeting Protocol.

To confirm the minutes of the meeting of 10 February 2020.

The minutes of the meeting of 10 February 2020 were confirmed subject to the following comment:

·         Referring to page 6, item 21 Councillor Booth said he understood there should be an action to look into a question he asked regarding county council and the rates they were going to be charging pre-schools.

Members to receive an update on the previous meeting’s Action Plan.

Members were provided with an update on the status of actions raised at previous meetings of the Overview and Scrutiny Panel. 

Councillor Booth said that Action 5 on road safety and speed prevention lacked information in not stating the amount of work the police are going to do in relation to their enforcement role.  He said that there was a lengthy explanation about prevention work but it is enforcement that needs to work hand in hand with prevention. Councillor Booth added that he is a Community Speedwatch volunteer and therefore has experience of this. Councillor Miscandlon agreed that speeding is an issue that is raised regularly with all members.

To update the Overview and Scrutiny Committee on the actions taken by the Council to date in dealing with implications of the COVID-19 pandemic.

Members considered the COVID-19 update report presented by Councillor Boden. 

Councillor Boden stated that this report was a summary and he would be happy to provide greater detail should any members require it. 

Members meeting asked questions, made comments and received responses as follows:

1.    Councillor Wicks asked why it took so long for residents aged 70 plus to receive a letter from the Council outlining the assistance available. He did not receive his letter until 3 or 4 weeks after lockdown and yet he is a member of the Council.  Councillor Boden apologised that the letter sent in his name was received later rather than sooner, however council members are not prioritised. He explained that the Council was attempting to communicate with as many people as possible, and had to use a variety of methods in the form of a rolling programme to ensure they captured each one as there is no single database available. They started with the most elderly as a priority by getting their names from a list of those exempt from jury service and as Councillor Wicks is not in that category, his letter was received later. Councillor Boden pointed out that we were in fact ahead of the game as once other councils saw what we were doing, they followed suit. 

2.    Councillor Booth commented on the timeliness of the report saying it should be seen as an interim rather than final report. It would have been useful to get feedback on areas where we could improve in the future, e.g. the lack of coordination with the national delivery scheme working with the Council.  Members of staff needing to change or request a food delivery do not know which company is providing the delivery; there are a lot of groups working in the right direction but it could be tightened up. Councillor Boden stated that it is indeed an interim report as we are still in the middle of the COVID-19 crisis.  Feedback is welcomed and the working of the COVID-19 hub will be subject to further scrutiny. He explained that this meeting was to talk about the COVID response and next month would be highlighting to Council the future and implications as a result. Councillor Boden also agreed that national and local coordination has not been entirely seamless, which has been a source of frustration for many.  He explained that on government instructions, the County Council hub has taken a lead on the shielded list and they are liaising with the national support network and not ours; if they did there would be more crossed wires. We have had to go with the structure set up by national government but he would encourage shielded residents to contact the FDC hub with any issues so staff can then contact the CCC hub and community volunteers to ensure matters are addressed. However, given the scale of the exercise, relatively few issues have been raised. 

3.    Councillor Miscandlon asked what members can do to improve the  ...  view the full minutes text for item OSC45/19

Members to receive a verbal update.

Members received and considered a verbal update provided by Councillor Boden in respect of an urgent decision taken as Leader in respect of Freedom Leisure.

Councillor Boden first sought advice regarding his statement and Carol Pilson confirmed that only the information available in the Members’ briefing note of 1st May was in the public domain. Therefore, to provide any further details would mean the meeting may have to go into confidential session. 

Councillor Boden advised that instructions were received on 22^nd March that all leisure services had to cease, which had a profound and immediate impact on Freedom Leisure. It was clear that some sort of financial package would be requested but with no certainty of the amount. During the time, relentless efforts were made to arrive at a solution. Legal advice was sought internally and externally with regard needed for other council customers as Freedom Leisure has almost 100 centres across 25 councils.  In mid-April the requested relief was found necessary and an entry placed on the Forward Plan on 23^rd April.  Freedom required payments by the beginning of May to meet their payroll obligation, having met April’s out of existing capital. There was a real and compelling concern that not to take action would impact on the continued employment of employees and the very existence of Freedom Leisure. Therefore we had to exercise discretion; the request not made lightly but there was a lack of alternatives at that time. In order to comply with constitutional requirements, it was necessary to take action and bearing in mind these are very unusual and unprecedented times.  Councillor Boden explained this was just a summary of why the decision was made urgently.

Members asked questions, made comments and received responses as follows: 

1.    Councillor Booth queried the timeline as he was not convinced about this based on what he had read in the member briefing.  Under 4.5 of the briefing paper, we could have decided not to give support or limited support and Freedom could have terminated their contract, so that suggests a time span, however he is not disputing the decision taken.  

2.    Councillor Boden said to remember that it was not just us but other local authorities as well and this was a matter where Freedom Leisure literally had days in which they had to have agreement in order to continue to operate. Yes, three months’ notice of termination of contract can be given under force majeure but would we want this or would it be of benefit to allow it, hence the conclusion that it was more helpful to continue working with Freedom.  Due diligence was not made under what they claim they required, but the decision was not made flippantly; a lot of detailed work was undertaken by officers and there were significant changes  in terms of support offered.  Time was taken, hence the 1^st May deadline to get agreement from all councils.  Therefore the timeline is a stated but officers can give provide further  ...  view the full minutes text for item OSC46/19

To consider the Draft Work Programme for Overview & Scrutiny Committee  2020/21.

Members discussed the Future Work Programme.

1.    Councillor Booth suggested Anglian Water be invited to attend a future meeting. He has had complaints regarding water pressure due to increased usage with more people at home during this pandemic. Although this has improved, it would be useful to have them discuss their infrastructure and maintenance programme. Councillor Miscandlon pointed out that they are not a statutory function so although an invite can be extended, Anglian Water have no obligation to attend.

2.    Councillor Booth also suggested that Clarion come before the end of the year as the opportunity was missed for them to attend in March. 

3.    Councillor Booth requested that Freedom Leisure attend earlier than November so they can advise how they expect to get services up and running again. Councillor Topgood thought it counter-productive if they are also coming in November and Councillor Hay said that it had to be borne in mind that we currently do not know when Freedom Leisure can get back up and running; if not until August or September then they will need time to recover. Councillor Miscandlon agreed. 

4.    Councillor Mason said that in view of covid-19, suggested an update of the financial investment strategy.  

5.    Councillor Miscandlon said that the entire work plan would need revising anyway as the COVID-19 pandemic has messed up the programme and due to the March and April meetings having been cancelled.